ConCom Sends Enforcement Order to Pittsfield Country Club

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The Conservation Commission is disappointed to see wetland violations at the Pittsfield County Club, stating the new maintenance superintendent should "know better."

Last week, the panel ratified an enforcement order for unauthorized land disturbance and vegetation removal within bordering land subject to flooding, bordering vegetated wetlands, inland bank, and buffer zones.

"Essentially what happened was the golf course superintendent had cleared woody vegetation, some of the woody vegetation was substantially sized, along areas that the commission regulates," Conservation Agent Robert Van Der Car said.

He displayed pictures of the violations within the golf course playing area, with vegetation removed near an intermittent stream and at the edge of a pond. There was also hydrophilic vegetation and a substantial amount of trees removed.

"The enforcement order required restoration and White Engineering, they're working on a restoration plan here now," the conservation agent reported.

Chair James Conant recused himself from the conversation, as he retired from the club last year after a long career as the course superintendent. Commissioner Thomas Sakshaug commented that he is sure Conant instructed the new superintendent "quite well" on the rules.

"I will just put it on the record as saying that as a golf superintendent in this community, the current one, it's disappointing," Commissioner Jonathan Lothrop said, pointing to the certificate of compliance that was issued to the club for a culvert last year.

"It just slightly boggles the mind, this is somebody that should know better, frankly. That's a huge worry for me."


Commissioner Stephanie Storie was also trying to understand how this was done when the panel had just permitted a project next to the area, adding "It doesn't seem like an accident, I guess is what I'm saying based on the scale and prior work."

"Ultimately, we will be developing a plan with a combination of trees, shrubs, and ground cover, as well as identifying certain areas of the course that were cut or altered," Engineer Brent White explained.

"That, in my view, by simply allowing those areas to restore themselves may allow them to restore to what the conditions were prior to any of the land-disturbing activities that had occurred."

There are two primary areas where the work is occurring, one that follows the hydrology from the culvert and goes under Route 7 and another at the southeast corner of the property where there was a disturbance within the 100-foot buffer of the stream channel.

"Our hope is to actually to work with the professional staff and some of the designated members who are on boards for the club to develop a restoration plan and ideally have that presented for the commission that you're meeting on May 30th," White reported.

Lothrop appreciated his comprehensive approach and added, "this wasn't an overzealous guy with a lawn mower that got a little close to the lake this is a planned clear removal and I guess I just want to make sure that the commission goes on record through you to your client to say this is not OK."

White said this is "well understood" by the professional staff and the board of directors. While the current focus is the enforcement order, the engineering firm plans to generate a new map with all bordering vegetated wetland resource areas and the 100-foot buffer zones for future projects.

"I'm looking forward to your work and you got put in that hard place but we understand that you're not the problem here," Sakshaug said to the engineer.


Tags: conservation commission,   golf course,   

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Dalton Planners Hold Public Hearing on Tiny Homes Bylaw

By Breanna SteeleiBerkshires Staff

DALTON, Mass. — The Planning Board held a public hearing last week on a bylaw for mobile accessory dwelling units (ADU) that will be brought before a special town meeting.

For nearly two years, Amy Turnbull has been trying to amend the current ADU bylaws to allow mobile tiny homes.  

A movable tiny home is defined as a unit under 400 square feet that meets all of someone's daily needs, including sanitation, cooking, and other facilities, and which is also mobile. Most homes considered "tiny" are built on a trailer so they can be towed.

Her proposal defines a movable tiny house as a "residential property with an existing primary house, intended for year-round living," and outlines eight conditions for approval.

Among these conditions: the unit must adhere to accessory dwelling unit regulations, undergo site plan review, be licensed and registered with the state Registry of Motor Vehicles, have approved energy, water, and wastewater systems, and comply with American National Standards Institute 119.5 and National Fire Protection Association 1192 safety requirements.

Additionally, the unit must be certified for ANSI or NFPA compliance by a manufacturer or third-party inspector, including adherence to Appendix Q and the International Residential Code's structural guidelines and energy efficiency standards. The tiny house cannot move under its own power, and its undercarriage, wheels, axles, tongue, and hitch must be concealed from view. Wheels and leveling or support jacks are required to rest on a level gravel or paved surface.

Turnbull has gotten enough signatures for her petition to amend the current bylaws to add her definition of the mobile ADUs. Last Wednesday, the board held a public hearing on the petitions, which will be voted on at a special meeting.

Turnbull says she has two reasons for wanting to add this to the town's bylaws: aging in place and affordable housing.

"We need a variety of housing types in Dalton, and that we also need to address the idea that you know nearly 30 percent of our population by 2035 is going to be over 65 years old, and it's problematic because  ... there's not enough choice for these people to to age in place,"she said. "What movable tiny houses does, is it provides a less restrictive ADU. It's much cheaper to place, and it's easier to place, less time consuming. And what it offers to people is it offers people who are owners a place for their children to come and live, or a caregiver to come and live, or for the people who own their own house to come and live while they rent out their maybe their three bedroom home to a new family who wants to attend to Craneville simultaneously."

She said people need to move away from calling and treating the tiny homes as though they are trailers, as one former Planning Board member has voiced opinions on.

"That is an opinion, and I think we need to get over that, because I want to say that these are foundation homes, and that the chassis is a foundation, and it's a stick-built home on a chassis, and in very many ways it's like a modular house. I think we will not be surprised in the next 10 years if we see the market turn around and start to make smaller, tiny modular homes, but that is not the case right now, and we have a dire need for affordable housing," she said.

At a former Fire District meeting the Water Department drafted regulations for water hook-ups for these types of homes. The superintendent sent a letter to the Planning Board to be read at the meeting stating it will not be a hindrance for sewer system connection.

"The Department of Public Works does not feel that mobile ADUs will be an issue with the town sewer system. The homeowners will be responsible for any issues outside of the sewer main and connect and responsible for connecting in, so that would address any permits, fees, or anything like that would be added to that," the letter states. 

"The Water Department, as we've stated previous, and as you stated, the water department has come up with their own set of SOPs, standard operating procedures, for hooking up a an adu and a mobile adu, which will then have to meet winterization and all those, but they've laid out a plan for that, that they have, so I'd like to point that out," board Chair Robert Collins said.

One concern was raised that if someone can have a mobile ADU could they also have another tiny home on their property, including the main house. That situation is not likely, said Turnbull, as it would cost a considerable amount of money. Town Manager Eric Anderson also stated that in his former community when they adopted similar laws their first one wasn’t put in until a couple years later and then maybe one a year.

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